Blog Posts Tagged with "Courts"

The CFAA only permits claims for accessing a protected computer “without authorization” and “exceeds authorized access” “only when an individual accesses a computer without permission or obtains or alters information on a computer beyond that which he is authorized to access...”

“Software apps have become an increasingly essential part of our nation’s economy and creative culture, and the Criminal Division is committed to working with our law enforcement partners to protect the creators of these apps and other forms of intellectual property from those who seek to steal it..."

The Holmes decision further underscores difficulties in securing any recovery on a data breach lawsuit absent actual identity theft. However, the lengthy history of this case — dating back to 2008 including a challenge to a Court approved settlement — highlights that such cases are protracted and costly to defend...

In three separate lawsuits that have been churning in the federal courts, the government has used a menu of dodges to block the courts from considering the key underlying question — have they been breaking the law and violating the constitution by warrantlessly surveilling American citizens — over and over again...

Judge Alsup, a coder himself, got it right when he wrote that “copyright law does not confer ownership over any and all ways to implement a function or specification of any and all methods used in the Java API.” It's a pleasure to see a judge so fundamentally understand the technology at issue...

Michael Garcia was sentenced by U.S. District Judge Morrison C. England Jr. to 57 months in prison for fraud. Garcia accessed the computer servers of a law firm and an accountant firm without their knowledge or authorization and downloaded the personal information of more than 1,450 clients and employees...

EFF’s asked the court to return files lost when Megaupload was seized last January. Since then, we’ve been to court both for a hearing and a mediation and nothing has changed. The key problem: the government has failed to help third parties get access to their data. So we have no choice but to go back to court...

A principal figure in the domestic arm of an international “phishing” operation that used spam e-mails and bogus websites to defraud American banks was found guilty of bank and wire fraud, identity theft, computer fraud, and money laundering and sentenced to five years in federal prison...

The FAA finally released the names of the government agencies which applied for and received authorization to fly drones in the US. Unfortunately, the list did not include what drones were authorized, what they were being used for, or what information they were collecting...

A common vocabulary is certainly emerging making dialog between counsel and technologists productive and effective. However, equally important is that lawyers engage their client’s technology team in dialog on e-discovery issues because when counsel fails, the fall out can be costly...

Analysis of the data dump indicates that of the fifty-five thousand sets of account logins, around twenty-thousand were duplicates, and a large percentage were associated with accounts that were already suspended for violations of terms of service...

The crux is the recent application of the Computer Fraud and Abuse Act criminalizing violations of website terms of use and employer restrictions on employee computer uses, stemming in particular from what the statute’s term “exceeds authorized access” does and does not mean...

"Google began alerting the registrants of more than three dozen Gmail accounts that were the subject of Microsoft’s subpoenas... The email addresses were already named in Microsoft’s initial complaint posted at zeuslegalnotice.com, which listed nicknames and other information..."

The government, which had originally seized files and still apparently holds all of Megaupload's financial assets, had argued that it had no obligation to make sure the files of innocent Megaupload users were returned and, in fact, believed that they could be destroyed...

Does the government have a responsibility to protect innocent third parties from collateral damage when it seizes their property in the course of prosecuting alleged copyright infringement? That is the question a federal district court will consider...

When it comes to the government's ability to search your electronic devices, we've always maintained that the border is not an "anything goes" zone. Recently, the Ninth Circuit Court of Appeals agreed to rehear a case that gave the government carte blanche...